On January 24, 2023, the U.S. Fish and Wildlife Service (Service) proposed to designate approximately 104 river miles as critical habitat for the sickle darter (Percina williamsi) under the Endangered Species Act (ESA). The critical habitat designation would be divided into six areas—Little River, Emory River and Rock Creek, Copper Creek, North Fork Holston River, Middle Fork Holston River, and Sequatchie River—which together span Bledsoe, Blount, Morgan, and Roane Counties in Tennessee, and Scott, Smyth, and Washington Counties in Virginia. Nearly 80 percent of the ...
On October 25, 2022, the Center for Biological Diversity (CBD) sued the U.S. Fish and Wildlife Service (Service) over the agency’s failure to timely finalize a proposed rule to list the lesser prairie-chicken (Tympanuchus pallidicinctus) (LEPC). CBD seeks an order from the court declaring the Service is in violation of the Endangered Species Act (ESA) by failing to timely list the LEPC and requiring the Service to publish one or more final rules by a date certain.
On June 1, 2021, and in response to a 2016 petition to list the LEPC, the Service proposed to list two distinct population ...
On October 18, 2022, the U.S. Fish and Wildlife Service (Service) announced 12-month findings on a petition to list three California-based salamander species under the Endangered Species Act (ESA): the Kern Plateau salamander (Batrachoseps robustus), the Kern Canyon slender salamander (Batrachoseps simatus), and the relictual slender salamander (Batrachoseps relictus). All three salamander species occur in the southern Sierra Nevada Mountains in California. The Service determined that listing the Kern Canyon slender salamander and the relictual slender salamander is ...
On July 5, 2022, the U.S. District Court for the Northern District of California issued an order vacating three Trump-era regulations implementing the Endangered Species Act (“ESA”).
In 2019, the U.S. Fish and Wildlife Service (“USFWS”) and the National Marine Fisheries Service (collectively, the “Services”) issued three final rules (“2019 ESA Rules”) modifying how the Services implement the ESA, including: (1) a rule under section 4 of the ESA concerning how the Services list, delist, and reclassify endangered or threatened species and the criteria for ...
On May 16, 2022, the U.S. District Court for the Northern District of California overturned the U.S. Fish and Wildlife Service’s (Service) March 31, 2020 withdrawal (2020 Withdrawal) of a proposed Endangered Species Act (ESA) listing and section 4(d) rule for the “bi-state population” of the greater sage grouse (Bi-state Grouse). The Bi-state Grouse lives along the California-Nevada border within six population management units (PMUs) monitored by the Service.
The Service proposed the Bi-state Grouse for listing as threatened in 2013, then later withdrew that proposal ...
This week, the U.S. Fish and Wildlife Service (Service) issued a proposed rule to list the sand dune phacelia (Phacelia argentea) as threatened under the Endangered Species Act (ESA), along with a proposed section 4(d) rule that would prohibit several activities with respect to the species. The proposed rule also includes a designation of approximately 252 acres of critical habitat in Del Norte County in California, and Coos and Curry Counties in Oregon.
The sand dune phacelia is an evergreen, herbaceous, flowering perennial in the forget-me-not family of plants. It blooms from ...
The U.S. Fish and Wildlife Service (Service) has announced its proposal to list the northern long-eared bat (Myotis septentrionalis) (NLEB) as endangered under the Endangered Species Act (ESA) (Proposed Rule). While Service policy indicates the agency should identify in a listing rule activities that would or would not result in a violation of the “take” prohibition set forth in section 9 of the ESA, the Service indicates in the Proposed Rule that it is unable to identify specific activities what would not violate the take prohibition. The Service points to the need for ...
The U.S. Fish and Wildlife Service (Service) has issued a final rule reclassifying the Morro shoulderband snail (Helminthoglypta walkeriana) from endangered to threatened under the Endangered Species Act (ESA). The final rule also includes a rule issued under ESA section 4(d) to provide for the conservation of the species.
The Morro shoulderband snail, or banded dune snail, is a type of terrestrial snail named after the dark band on the shoulder of its shell. The species is typically found in dense clumps of grass, young patches of ice plant, and stockpiled anthropogenic ...
The U.S. Fish and Wildlife Service (Service) has issued a final rule listing the Panama City crayfish (Procambarus econfinae) as threatened under the Endangered Species Act (ESA), along with a section 4(d) rule limiting take of the species. The final rule also includes a designation of eight units of critical habitat, totaling approximately 4,138 acres, in Bay County, Florida.
The Panama City crayfish is a small, semi-terrestrial crayfish that grows to about two inches in length (minus claws), and is found in southcentral Bay County, Florida. The species’ color pattern ...
On December 22, 2021, the U.S. Fish and Wildlife Service (Service) proposed to list the cactus ferruginous pygmy owl (Glaucidium brasilianum cactorum) (Owl) as threatened under the Endangered Species Act (ESA) primarily due to threats from climate change and habitat loss and fragmentation. The Service has also proposed to issue an ESA section 4(d) rule which would prohibit “take” of the Owl in most cases, while exempting from the prohibition certain land management activities compatible with restoration and improvement of Owl habitat where such activities have been ...
On November 10, 2021, the U.S. Fish and Wildlife Service (USFWS) published a proposed rule to list the bracted twistflower (Streptanthus bracteatus), a plant species found only in Texas, as a threatened species under the Endangered Species Act (ESA). The USFWS is proposing to list the bracted twistflower with a species-specific rule under section 4(d) of the ESA (4(d) rule), as well as to designate approximately 1,607 acres in central Texas as critical habitat for the species.
The bracted twistflower is a flowering annual plant and a member of the mustard family that can grow over ...
On October 18, 2021, the U.S. Fish and Wildlife Service (Service) issued a final rule reclassifying the humpback chub (Gila cypha), a fish endemic to portions of the Colorado River basin, from endangered to threatened under the Endangered Species Act (ESA). The Service attributed the chub’s status upgrade largely in part to modifications in how reservoir managers are operating their facilities, and the management of nonnative predators.
The chub was first listed as an endangered species in 1967 under the Endangered Species Preservation Act, a predecessor to the ESA. In 1974, the ...
Today, the U.S. Fish and Wildlife Service (“Service”) published in the Federal Register a proposal to list six Central Texas mussel species under the Endangered Species Act (“ESA”), to issue an ESA section 4(d) rule for one of the species, and to designate critical habitat (“Proposed Rule”). Specifically, the Service has proposed to list the Guadalupe fatmucket (Lampsilis bergmanni), Texas fatmucket (Lampsilis bracteata), Guadalupe orb (Cyclonaias necki), Texas pimpleback (Cyclonaias (=Quadrula) petrina), and false spike (Fusconaia (=Quincuncina) mitchelli) as endangered ...
On July 7, 2021, the U.S. Fish and Wildlife Service (FWS) published a proposed rule in the Federal Register announcing the agency’s finding that the razorback sucker (Xyrauchen texanus) no longer warrants listing as an endangered species under the federal Endangered Species Act (ESA). As such, FWS has proposed to downlist the species to threatened status.
The razorback sucker is a freshwater fish measuring up to 3 feet long that gets its name from the bony ridge behind its head. The species is commonly found throughout the reservoirs, floodplains, and backwaters of the Colorado ...
On June 4, 2021, the Biden administration announced its intent to rescind or revise several implementing regulations for the Endangered Species Act (ESA) finalized under the prior administration. The U.S. Fish and Wildlife Service (Service) has not yet published these proposed rules in the Federal Register, nor has the Service provided the exact dates when it intends to publish the proposed rules.
In its announcement, the Service indicates its intent to rescind regulations governing how the Service conducts critical habitat exclusion analyses under ESA section 4(b)(2) and how ...
The U.S. Fish and Wildlife Service (USFWS) has announced the next chapter in the lesser prairie chicken’s (Tympanuchus pallidicinctus) (LEPC) tumultuous listing history. On May 26, 2021 the USFWS announced that it will propose a rule to establish a Northern distinct population segment (DPS) and a Southern DPS of the LEPC. USFWS has proposed to list the Southern DPS – consisting of portions of New Mexico and Texas – as endangered. If finalized, the ESA take prohibition would apply across the Southern DPS without exception. The USFWS proposes to list the Northern DPS ...
The United States Fish and Wildlife Service ("Service") recently released a pre-publication version of its final rule to reclassify the American burying beetle (Nicrophorus americanus) from endangered to threatened under the Endangered Species Act (“ESA”). The final rule will also include 4(d) rule provisions that specify when the ESA section 9 take prohibitions will apply to the beetle.
The American burying beetle, which gets its name from its tendency to burrow under vegetation or into soil during the daytime and throughout the winter hibernation season, is the largest ...
On August 19, 2020, the U.S. Fish and Wildlife Service (Service) published a proposed rule that would remove the Stephens’ kangaroo rat (Dipodomys stephensi) from the federal list of Endangered Species. The proposed rule would, instead, list the kangaroo rat as threatened under the Endangered Species Act (ESA), and would provide a rule under ESA section 4(d) to provide for conservation of the kangaroo rat.
The Stephens’ kangaroo rat was originally listed as an endangered species in 1988. It is a small, nocturnal mammal, with external cheek pouches, large hind legs, a long tail ...
The U.S. Fish and Wildlife Service (Service) has withdrawn its 2013 proposals to list the bi-state distinct population segment of the greater sage-grouse (Centrocercus urophasianus) in California and Nevada as threatened, to designate critical habitat, and to issue a species-specific Endangered Species Act section 4(d) rule. The Service indicated in its withdrawal that the agency has concluded that threats to the species were not as significant as the agency believed in 2013.
The listing, critical habitat, and 4(d) rules for the bi-state distinct population segment of the ...
On May 22, 2019, the U.S. Fish and Wildlife Service (FWS) announced a proposal to list two intriguing North Carolina aquatic species under the Endangered Species Act (ESA). The FWS was spurred to act in part by a 2010 petition and subsequent litigation from environmental organizations to list over 400 aquatic species found in the southeastern United States. The two species the agency deems as needing protection in this proposed rule are the Carolina madtom (Noturus furiosus), a poisonous catfish, and the Neuse River waterdog (Necturus lewisi), a freshwater salamander.
The Carolina ...
Nossaman’s Endangered Species Law & Policy blog focuses on news, events, and policies affecting endangered species issues in California and throughout the United States. Topics include listing and critical habitat decisions, conservation and recovery planning, inter-agency consultation, and related developments in law, policy, and science. We also inform readers about regulatory and legislative developments, as well as key court decisions.
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